Ranjana Wd/O Santosh Karale And Others v. Maroti Nagorao Aware And Another

2-CAF-336-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO. 336 OF 2024 IN FIRST APPEAL NO. 1643 OF 2008 (Smt. Ranjana wd/o Santosh Karale & Ors. Vs. Maroti Nagorao Aware & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri Pushkar Deshpande, Counsel for the applicants/ appellants.

Shri B.P. Bhatt, Counsel for respondent no.3. .....

CORAM : ANIL L. PANSARE, J.

APRIL 2, 2024.

Heard.

2] The applicants/appellants intend to amend the appeal memo and, thus, to add a ground that the Tribunal erred in holding that the deceased was negligent and further erred in reducing the claim by 50% on account of negligence of the deceased.

3] The learned Counsel for the applicants submits that the proposed amendment is necessary for proper adjudication of the case. He further submits that the aforesaid ground was not added inadvertently. 4] The learned Counsel for respondent no.3 has opposed the application on the ground that the amendment ought to have been carried out earlier. 5] To my mind, this being First Appeal and the entire award having been challenged, it will be appropriate to permit the applicants to amend the appeal

2-CAF-336-2024 memo, which even otherwise will not cause any prejudice to the respondents.

6] The application is accordingly allowed.

Necessary amendment be carried out within seven working days from today. Amended copy be served on the learned Counsel for respondent no.3.

7] The Civil Application is disposed of.

FIRST APPEAL NO. 1643/2008 8] List for final hearing on 17/4/2024.

(ANIL L. PANSARE, J.) Sumit